The Highlight of the Amendment to the Copyright Law As Ratified By Legislative Yuan on June 6, 2003

1. Temporary Reproduction as Reproduction
 
The New Law codifies a "temporary reproduction" as a "reproduction " as referred to in the definition of "reproduction " under the Copyright Law. (Articles 3 & 22)
 
2. Remuneration for Public Performance
 
The New Law accords a right of remuneration for the public performance of right holders of sound recordings and performers. (Article 26.3.4)
 
3. Protection of Electronic Rights Management Information 

The New Law affords protection to electronic rights management information ("ERMI"). The Law also provides for sufficient civil remedies and criminal penalties for violation of the protection to ERMI (Article 3, 80bis, 90quarter, 96bis)
 
4. Granting of Transmission Right
 
The New Law grants a new right--the "transmission right". This right is granted to all categories of works, including sound recording and performer's performances. (Article 26bis)
 
5. Granting of Distribution Right
 
The New Law grants a new right--the "distribution right." Civil remedies and criminal penalties are also correspondently stipulated therein. To enhance protection, the New Law further prohibits intentional lending of infringing copy of works. (Articles 28bis, 91bis, 87(6))
 
6. Prohibiting Use of Infringing Copy of Computer Programs for Business Purposes.
 
The New Law explicitly prohibits the use of infringing copy of computer programs for business purposes. Under the New Law, a corporate will not be allowed to use infringing computer software, that is known on copyright infringement, in their office even for internal operation purposes. (Article 87(5) )
 
7. Increase of Civil Penalties up to NTD 5 Million (US$140,000)
 
In terms of provisions dealing with civil remedies, the amount of statutory compensation is increased from 1 million to 5 million when infringement is ruled serious. (Article 88)
 
8. Increase of Criminal Fines Up to NTD 8 Million (US$230,000)
 
In terms of provisions governing criminal penalties, below are the major changes:

1. The fines have been increased up to 8 Million (US$ 250,000). The different levels of fines can be referred to in Articles 91, 91bis, and 94 

2. The New Law regulates a new confiscation provision (Article 98). 

3. The New Law introduces a new forfeiture provision to be enforced by police authorities. (Article 98bis)

9. Injection of Public Offense
 
The public offense has been injected into New Law as contained in Articles 91.3 and Article 91bis. 3 in addition to Article 94 (as referred to "vocational infringement") . In this context, when unauthorized reproduction is made for the purpose of profit-making or sale in the format of compact disk, complaints from the copyright holder will no longer be required. (Article 100)
 
10. Equitable remuneration for Copyright Holder 

To further conform to the TRIPS Agreement, Article 106bis and Article 106ter have been revised to provide for an immediate equitable remuneration in a two-year transitional period for the copyright holder whose work is protected retroactively, in connection with Taiwan's accession to the WTO.